PAULINE CHINELO OKWUOSA VS EMMANUEL AZUBUOBI OKWUOSA
August 12, 2025CASIMIR ODIVE V. NWEKE OBOR & ANOR
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 11118
In the Supreme Court of Nigeria
Thu Feb 21, 1974
Suit Number: SC. 291/1973
CORAM
MUHAMMED BELLO, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
OBIDINAKA EJEANALONYE & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff/Respondent instituted an action in trespass against defendants/appellants. The defendant also claimed a right to the land in dispute. The lower court gave judgement in favour of the Plaintiff.
HELD
The Supreme Court found that the Plaintiff/Respondent were customary tenants and the Defendant/Appellant were lessees to a different parcel of land all owned by the same family. The appeal was dismissed and the Judgement of the lower court was confirmed.
ISSUES
Whether the learned trial Judge erred in law when he ordered that:
The ten defendants, their servants and agents are hereby restrained and forbidden from going upon the land, the boundaries of which are shown by reference to Exhibit A or Exhibit B and therein called Oliehi or Abada Olianyanwu respectively”.
RATIONES DECIDENDI
DISTINCTION BETWEEN A CUSTOMARY TENANT AND A CUSTOMARY LESSEE
“The customary tenant pays tribute and enjoys perpetuity of tenure subject to good behaviour, which means in practice that he may forfeit his holding only as a result of an order of court for forfeiture at the instance of the customary landlords. The customary lessee, on the other hand, is granted land for a consideration such as the payment” Per T.O Elias, JSC
CASES CITED
STATUTES REFERRED TO
